The Riverside Group Limited (202111607)

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REPORT

COMPLAINT 202111607

The Riverside Group Limited

30 September 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint is about the response to a request for the rumble strip to be removed from the entrance of the estate.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident lives in an estate in which access is provided via a private road. Where this road meets the public road, there’s a traffic calming measure referred to as a “rumble strip”.
  2. The resident made a formal complaint to the landlord consequent to its refusal to remove the rumble strip at the entrance of the estate. They asked the landlord to consult with all residents in the estate concerning using their sinking fund to pay for the work.
  3. On 2 July 2021, the landlord provided its final response to the complaint. It explained that it had carried out a consultation with 21 out of 24 residents in the estate and found that a third of residents voted against the removal of the rumble strip. It also explained that through its consultation, it was unable to demonstrate that most other residents were in favour of using the sinking fund to remove the rumble strip. And that the resident would be responsible for the full cost if they wished for the work to be carried out.
  4. On 18 August 2021, the resident contacted the Housing Ombudsman to complain about the landlord’s decision.


Reasons

  1. Paragraph 36 of the Housing Ombudsman Scheme sets out what types of complaints can be brought to this Service;

“The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.”

  1. The complaint is about the removal of a rumble strip from the surface of the road at the entrance of the estate. The rumble strip is a road safety feature. As it is unrelated to the occupation of the resident’s property it is therefore outside of this Service’s jurisdiction to consider.